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HomeMy WebLinkAbout50987 - AGREE/CONT - Agreements/ContractsORDINANCE NO. s40 AN ORDINANCE PROVIDING FOR THE GRANTING OF A NON-EXCLUSIVE FRANCHISE FOR THE CON- STRUCTION, OPERATION AND MAINTENANCE OF A COMMUNITY ANTENNA TELEVISION SYSTEM TO BRO- WARD CABLEVISION, INC., A FLORIDA CORPOR- ATION, DEFINING VARIOUS TERMS USED IN THE SAID ORDINANCE; PROVIDING THAT THE FRAN- CHISE GRANTED UNDER THE SAID ORDINANCE SHALL BE NON-EXCLUSIVE; PROVIDING THAT THE HOLD- ER OF THE FRANCHISE GRANTED UNDER THE SAID ORDINANCE MAY CONSTRUCT THE FACILITIES NECESSARY TO THE OPERATION AND MAINTENANCE OF A COMMUNITY ANTENNA TELEVISION SYSTEM AT SUCH LOCATIONS WITHIN THE CITY OF DANIA, FLORIDA, AS THE CITY COMMISSION MAY DIRECT AND APPROVE; PROVIDING THAT THE DURATION OF THE FRANCHISE GRANTED HEREUNDER SHALL BE THIRTY (30) YEARS; PROVIDING FOR THE TER- MINATION OF THE FRANCHISE GRANTED HEREUNDER BY THE CITY COMMISSION UPON THE OCCURRENCE OF VARIOUS CONDITIONS OR UPON THE BREACH OR VIOLATION OF ANY OF THE MATERIAL TERMS, PRO- VISIONS OR CONDITIONS OF THIS ORDINANCE; PRO- VIDING FOR AN ANNUAL FRANCHISE FEE TO BE PAID TO THE CITY OF DANIA, FLORIDA, DURING THE TERM OF THE FRANCHISE; PROVIDING THAT THE FRANCHISE GRANTED PURSUANT TO THE SAID ORDI- NANCE IS SUBJECT TO VARIOUS CONDITIONS AND LIMITATIONS AND RESERVING VARIOUS RIGHTS TO THE CITY OF DANIA, FLORIDA; PROVIDING A TIME SCHEDULE FOR THE LICENSING, CONSTRUCTION AND COMMENCEMENT OF OPERATION OF THE COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF DANIA, FLORIDA; PROVIDING FOR RESTRICTIONS ON IN- STALLATION AND ERECTION OF FACILITIES AND OTHER APPARATUS ON PUBLIC PROPERTY; PROVIDING FOR THE TERMINATION OF THE FRANCHISE AND REMOVAL OF THE EQUIPMENT AND FACILITIES OF THE HOLDER OF THE FRANCHISE UPON THE ABANDONMENT OR TER- MINATION OF THE FRANCHISE; PROVIDING FOR THE FILING OF A SURETY BOND TO ASSURE PERFORMANCE OF THE OBLIGATIONS OF THE HOLDER OF THE FRAN- CHISE GRANTED BY THE SAID ORDINANCE; PROVIDING THAT THE HOLDER OF THE FRANCHISE SHALL MAIN- TAIN A COMPREHENSIVE LIABILITY INSURANCE POLICY WITH SPECIFIED MINIMUM COVERAGES; PROVIDING FOR THE INSPECTION AND REVIEW OF ALL MAPS, RECORDS AND PROPERTY OF THE HOLDER OF THE FRANCHISE; PROVIDING FOR VARIOUS OPERATIONAL STANDARDS CONCERNING THE SERVICE TO BE FUR- NISHED TO SUBSCRIBERS WITHIN THE CITY OF DANIA, FLORIDA; PROVIDING THAT THE HOLDER OF THE -I- 9 FRANCHISE SHALL MAINTAIN AN OFFICE WITHIN THE CITY LIMITS OR AT A LOCATION WHICH CAN BE REACHED BY TELEPHONE FROM THE CITY OF DANIA, FLORIDA, WITHOUT TOLL CHARGES; PROVIDING THAT AFTER THE ADOPTION OF THIS ORDINANCE VARIOUS ACTS SHALL BECOME UNLAWFUL; PROVIDING THAT IF ANY SECTION OR PORTION OF THIS ORDINANCE BE HELD ILLEGAL, INVALID OR UNCONSTITUTIONAL, SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE SHALL NOT BECOME EFFECTIVE UN- TIL IT IS PASSED AND ADOPTED BY A VOTE OF 4/5 OF ALL OF THE MEMBERS OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, AFTER PUBLIC NOTICE AND PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 25769, 1949 SPECIAL ACTS OF FLORIDA. WHEREAS, the City of Dania, Florida, is a municipal corpora- tion organized and existing pursuant to Chapter 25769, 1949 Special Acts of Florida, as amended; and WHEREAS, the said Chapter 25769, 1949 Special Acts of Flori- da, and all subsequent legislative acts amending the said Chapter 25769, 1949 Special Acts of Florida, are collectively and commonly referred to as the "City Charter"; and WHEREAS, the City Charter at Part XII., Miscellaneous Pro- visions, Article 21, Franchises, confers authority upon the City Commission of the City of Dania, Florida, to grant franchises to any individual, company, firm or corporation subject to the con- ditions, limitations and provisions contained therein; and WHEREAS, Broward Cablevision, Inc., a Florida corporation, is in the business of constructing, operating and maintaining a community antenna television system; and -2- WHEREAS, the said Broward Cablevision, Inc., a Florida cor- poration, has made application to the City of Dania for a non- exclusive franchise to construct, operate and maintain a community antenna television system within the City of Dania, Florida; and WHEREAS, the purpose of a community antenna television sys- tem is to provide perfect reception of all area television stations without the necessity of a television antenna to those persons, firms or corporations who wish to subscribe to the service; and WHEREAS, the benefits of the community antenna television system will be furnished exclusively to those persons, firms and corporations within the City of Dania, Florida, who desire to pur— chase such service at such reasonable rates as the City Commission of the City of Dania, Florida, authorizes; and WHEREAS, the rates charged for use of the community antenna television system will at all times be under the supervision, direction and control of the City Commission of the City of Dania, Florida; and WHEREAS, the City Commission of the City of Dania, Florida, has caused a public notice of the application of Broward Cable - vision, Inc., a Florida corporation, for a non-exclusive franchise to construct, operate and maintain a community antenna television system within the City of Dania, Florida, to be published in The Dania Press on J, 1969, 1969 and 1969; and WHEREAS, the City Commission of the City of Dania, Florida, caused a notice of a public hearing to be conducted on the appli- -3- 7 cation of Broward Cablevision, Inc., a Florida corporation, for a non-exclusive franchise to construct, operate and maintain a community antenna television system to be published in The Dania Press on 1969, 1969, and 2///� J1969; and WHEREAS, the City Commission of the City of Dania, Florida, pursuant to such published notice, did conduct a public hearing on the said application of Broward Cablevision, Inc., a Florida corporation, for a non-exclusive franchise to construct, oper- ate and maintain a community antenna television system at its regularly scheduled meeting on May 19, 1969; and WHEREAS, at the conclusion of the said public hearing, the City Commission of the City of Dania, Florida, has determined that it is in the best interests of the public to enact an ordi- nance granting a non-exclusive franchise for the construction, operation and maintenance of a community antenna television sys- tem to Broward Cablevision, Inc., a Florida corporation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section I.-- That for the purposes of this ordinance, the following terms, phrases, words, abbreviations and their deriva- tions shall have the meaning defined herein. when not inconsis- tent with the context, words used in the present tense shall in- clude the future tense, and words in the singular shall include the plural. Subsection (a) - "City" shall mean and refer to the City M, of Dania, Florida, a municipal corporation organized and existing under the laws of the State of Florida, and its successors, and shall mean and refer to all lands presently within the geographical limits of the City of Dania and all lands annexed hereafter. Subsection (b) - "City Commission" shall mean and refer to the legislative body of the City of Dania, Florida, or any fu- ture group or body which constitutes the legislative body of the government of the City of Dania, Florida. Subsection (c) - "Franchise" shall mean and refer to any authorization granted hereunder in terms of a franchise, privilege, permit, license or the like, to construct, operate and maintain a_ community antenna television system within the present and future geographical limits of the City of Dania, Florida. Subsection (d) - "Franchisee" shall mean and refer to Broward Cablevision, Inc., a Florida corporation, to which a fran- chise, privilege, permit, license or the like is granted by the City Commission of the City of Dania, Florida, pursuant to the terms of this ordinance, to construct, operate and maintain a com- munity antenna television system, and the lawful successor, transferee or assignee of such corporation. Subsection (e) - "Street" shall mean and refer to the sur- face of and the space above and below any public street, road, high- way, freeway, lane, path, alley, court, sidewalk, parkway or drive now or hereafter existing within the City of Dania, Florida. Subsection (f) - "Property of Franchisee" shall mean and refer to all property owned, installed or used by the franchisee -5- in the construction, operation and maintenance of a community antenna television system within the City of Dania, Florida, pur- suant to the authority of any franchise, privilege, permit, li- cense or the like granted pursuant to the terms of this ordinance. Subsection (q) - "C A T V" shall mean and refer to a community antenna television system which is a system of antenna, poles, amplifiers, appliances, fixtures, coaxial cables, wires, wave guides and other conductors, equipment, fixtures and facil- ities, designed, constructed and used for the purpose of providing television or frequency modulation radio service, or both, by cable or other facilities, or both, to all subscribers as defined hereinafter. Subsection (h) - "Subscriber" shall mean and refer to any person, firm or corporation who or which shall be entitled to re- ceive the community antenna television system service. Subsection (i) - "Gross Annual Receipts" shall mean and refer to any and all compensation and other consideration in any form whatsoever, and any contribution or subsidy received directly or indirectly by the franchisee hereunder from any subscribers or users of the system in payment for the television or frequency modulation radio signals received within the City of Dania, Florida. The term "Gross Annual Receipts" shall not include any taxes on services furnished by the franchisee which tax is imposed by any city, county, state or federal governmental authority and collected by the franchisee. Section 2. - A nonexclusive franchise to construct, operate and maintain a C A T V system within all or any portion of the City is hereby granted by the City Commission to Broward Cable - vision, Inc., a Florida corporation, subject to the terms, pro- visions and conditions of this ordinance. Section 3. - The franchise granted pursuant to the terms, provisions and conditions of this ordinance authorizes and permits the franchisee to engage in the business of operating and providing a C A T V system in the City, and for that purpose to erect, in- stall, construct, repair, replace, reconstruct, maintain and re- tain in, on, over, under, upon, across and along any public street, such poles, wires, cable, conductors, ducts, conduit, transmission and distribution facilities, vaults, manholes, amplifiers, appli- ances, attachments, and other property as may be necessary and appurtenant to the C A T V system; however, in a manner and at such locations as the City Commission may direct and approve, and, in addition, to obtain, use and operate similar facilities or pro- perties rented or leased from other persons, firms or corporations, including, but not limited to, any public utility or other fran- chisee authorized to do business in the City. Notwithstanding any- thing herein to the contrary, the franchisee shall construct and install the C A T V system completely underground, except that such appurtenances as pedestals, amplification housing, power supplies, individual subscribers' drop equipment and other equipment which cannot practically installed below the ground, will necessarily be above ground. On all parkway locations, an underground vault flush with the ground level will be installed to house the C A T V equipment. The franchisee may make a charge to subscribers for installation -7- or connection to its C A T V system and a fixed monthly charge, according to the schedule which is attached hereto, marked Ex- hibit "A" and made a part hereof by reference. No increase in the rates and charges to subscribers may be made without the prior approval of the City Commission, which approval shall be express- ed by resolution pursuant to the procedure provided for hereafter. Section 4. - The franchise granted by the City Commission under this ordinance shall be for a term of thirty (30) years fol- lowing the date of acceptance of such franchise by the franchisee. The franchise granted hereunder may be terminated prior to its date of expiration by the City Commission in the event that said City Commission shall have conducted a public hearing and found, after furnishing the franchisee written notice of any pro- posed termination at least thirty (30) days prior to the said pub- lic hearing scheduled to consider the proposed termination, that: (a) the franchisee has failed to comply with any terms, provisions or conditions of this ordinance or has, by act or omission, violated any terms, provisions or conditions of any franchise or permit issued hereunder; or (b) any provision of this ordinance has become invalid or unenforceable and the City Commission finds that such provision constitutes a consideration material to the grant of said fran- chise; or (c) the City acquires the C A T V system property of the franchisee. Section 5. - The franchisee shall pay to the City, during the term of such franchise, a sum equal to ten per cent (100%) of the gross annual receipts of the franchisee. The franchisee shall file with the City, by January 30 and July 30 of each calendar year during which such franchise is in force, a financial statement prepared by a certified public account- ant, or person otherwise satisfactory to the City Commission, show- ing in detail the gross receipts, as defined herein, of the fran- chisee to pay to the City, within fifteen (15) days thereafter a sum of money computed on the percentages set forth hereinabove or any unpaid balance thereof for the six (6) months period covered by such statement. The City shall have the right to inspect the franchisee's records showing the gross receipts from which the franchise pay- ments are computed and the right of audit and recomputation of any and all amounts paid under this ordinance. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or addi- tional sums payable under the franchise or for the performance of any other obligation hereunder. In the event that a similar C A T V system franchise is granted by the City of Hollywood, Florida or the City of Fort Lauderdale, Florida, or both of such cities, to the franchisee hereunder, or any related or subsidiary corporation, firm or other legal entity, whereby the percentage of gross annual receipts payable to either or both of said cities shall exceed ten per cent (10%), the per- centage of the gross annual receipts payable hereunder to the City of Dania, Florida shall be automatically increased upon the final passage and adoption by either or both of said cities of any ordinance or resolution authorizing the franchise, so that the percentage payable to the City of Dania shall be equal to the highest percentage payable to either or both of said cities. Section 6. - The franchise granted pursuant to this ordin- ance shall be non-exclusive and subject to the following limita- tions and conditions: (a) No privilege or exemption shall be granted or conferred by the franchise granted pursuant to this ordinance except those specifically described herein. (b) Any privilege claimed under the franchise by the franchisee in any street or other public property shall be subor- dinate to any prior lawful occupancy of the street or other public property. (c) The franchise shall be a privilege to be held by the original grantee and such franchise cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, merger, consolidation or otherwise, without the prior consent of the City Commission which shall be expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Clerk -Auditor within thirty (30) days after such transfer or as- signment. The said consent of the City Commission may not be ar- -10- I bitrarily withheld; provided, however, that the proposed assignee show financial responsibility and agree to comply with all pro- visions of this ordinance; and provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness. (d) Time shall be:of the essence of the franchise granted hereunder. The franchisee shall not be relieved of any obligation to comply promptly with any of the provisions of this ordinance by any failure of the City to enforce prompt compli- ance. (e) Any right or power in, or duty impressed upon, any officer, employee, department or board of the City shall be subject to transfer by the City to any other officer, employee, department or board of the City. (f) The franchisee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this ordinance or of the franchise issued hereunder or because of its enforcement, other than for loss, cost, expense or damage arising out of any willful and malicious acts or gross negligence of any employee of the City. (g) The franchisee shall be subject to all requirements of all City ordinances, resolution, rules, regulations and spec- ifications. (h) The franchise granted shall not relieve the fran- chisee of any obligation involved in obtaining pole space from any department of the City, utility company or from others main- -11- taining poles in the streets. (i) The franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by the franchisee or any successor to any interest of the franchisee, of or pertaining to the construction, operation or maintenance of any C A T V system in the City; and the acceptance of the fran- chise hereunder shall operate, as between franchisee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the City, to the effect that, as between franchisee and the City, any and all construction, oper- ation and maintenance by any franchisee of any C A T V system in the City shall be, and shall be deemed and construed in all in- stances and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever. Section 7. - The following rights are hereby reserved by the City: (a) Nothing herein shall be deemed or construed to im- pair or affect, in any way, and to any extent, the right of the City to acquire the property of the franchisee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the fran- chise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain. -12- (b) There is hereby reserved to the City every right and power which is required to be herein reserved or provided by the City charter or any ordinance of the City, and the franchisee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established. (c) Neither the granting of the franchise hereunder nor any of the provisions contained herein shall be construed to prevent the City from granting any identical, or similar, franchise to any other person, firm or corporation, within all or any portion of the City. (d) There is hereby reserved to the City the power to amend any section or part of this ordinance so as to require ad- ditional or greater standards of construction, operation, main- tenance or otherwise, on the part of the franchisee consistant with the highest standards of the industry. (e) Neither the granting of the franchise nor any pro- vision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City. (f) The City Commission may do all things which are necessary and convenient in the exercise of its jurisdiction un- der this ordinance and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The City Manager is hereby authorized and empowered to adjust, settle or compromise any controversy arising from the operations of any franchisee under this ordinance between the City and the -13- C franchisee in the best interest of the public. Either the fran- chisee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the City Commission for hearing and determination. The City Commission may accept, reject or modify the decision of the City Manager, and the City Commission may adjust, settle or compromise any controversy between the City and the franchisee arising from the operations of the franchisee or from any provision of this ordinance. In the event the franchisee is aggrieved by any decision of the City Com- mission, the franchisee, at its option, may request that the matter be submitted to arbitration. In the event that arbitration is requested, the City Commission and the franchisee shall each se- -- lect an arbitrator and the two arbitrators appointed shall select an independent third arbitrator. All costs and expenses of the arbitration, except the fee of the arbitrator selected by the City Commission, shall be paid by the franchisee. Section 8. - The franchisee shall adhere to the following time schedule. (a) Within sixty (60) days after acceptance of the franchise, the franchisee shall proceed with due diligence to ob- tain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier lic- enses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdic- tion over the operation of C A T V systbms, or their associated microwave transmission facilities. -14- (b) The company's distribution system shall conform to the requirements of the Federal Communications Commission, particularly with respect to freedom from spurious radiation. The Company further agrees to comply with all of the requirements of the Federal Communications Commission. The Company shall notify all interested parties, including the Federal Communications Commission, within sixty (60) days following the passage of this ordinance by the City Commission of Dania, Florida, of its intent to operate a cable television system and shall begin construction within ninety (90) days after FCC approval has been obtained. If for any reason the company has not notified all interested parties within sixty (60) days and in the event that the company does not commence construction within ninety (90) days after FCC permission has been received, this ordinance shall be- come null and void and both the company and the City of Dania shall have no further obligations to each other, and the City shall be free to terminate its franchise and to end any obligations which may fall upon the City of Dania by virtue of the terms of this ordinance forthwith. (c) within one hundred twenty (120) days after the commencement of construction and installation of the system, the franchisee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas of the franchise, shall be provided within two (2) years from the date that service was first provided. -15- Failure on the part of the franchisee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of such franchise, under and pursuant to the terms of Section 4. hereof, or the City Commission may elect to assess damages against the franchisee which shall not exceed the sum of one hundred dollars ($100.00) per day for any such fail- ure; provided, however, that the City Commission, in its dis- cretion, may extend the time for the commencement and completion of construction and installation for additional periods in the event the franchisee, acting in good faith, experiences delays by reason of circumstances beyond its control. Section 9. - (a) Any poles, wires, cable lines, conduits or other property of the franchisee to be constructed or installed in streets, shall be so constructed or installed only at such loca- tions and in such manner as shall be approved by the City Com- mission or its designee. (b) The franchisee shall not install or erect any facil- ities or apparatus in or on other public property, places or rights - of way, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street of any tentative subdivision map approved by the City, except those installed or erected upon pub- lic utility facilities now existing, without obtaining the prior -16- written approval of the City Commission, or its designee. (c) In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed un- derground, then the franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this subsection, "underground" shall include a partial underground system. Amplifiers in the franchisee's transmission and distribution lines may be in appro- priate housings upon the surface of the ground as approved by the City Commission, or its designee. Section 10. - In the event that the use of any part of the C A T V system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any street or public place with- out complying with the requirements of this ordinance, or the franchise has been terminated, cancelled or has expired, the franchisee shall promptly, upon being given ten (10) days notice, remove from the streets or public places all such property and poles of such system other than any which the City Engineer may permit to be abandoned in place. In the event of such removal, the franchisee shall promptly restore the street or other area from which such property has been removed to a condition satis- factory to the City Commission, or its designee. (a) Any property of the franchisee remaining in place sixty (60) days after the termination or expiration of the fran- -17- chise shall be considered permanently abandoned. The City Com- mission, or its designee, may extend such time not to exceed an additional thirty (30) days. (b) Any property of the franchisee to be abandoned in place shall be abandoned in such manner as the City Commission, or its designee, shall prescribe. Upon permanent abandonment of the property of the franchisee in place, the property shall be- come that of the City, and the franchisee shall submit to the City Commission, or its designee, an instrument in writing, to be approved by the City Attorney, transferring to the City the owner- ship of such property. Section 11. - The franchisee shall, at its own expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the franchisee when required by the City Commission by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or es- tablishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, how- ever, that the franchisee shall in all such cases have the privi- lege to and be subject to the obligations of abandoning any prop- erty of the franchisee in place, as provided in Section 10. of this ordinance. Section 12. - Upon failure of the franchisee to commence, pursue, or complete any work required by law or by the provisions of this ordinance to be done in any street or other public place, MOM within the time prescribed, and to the satisfaction of the City Commission, the City Commission may, at its option, after thirty (30) days written notice to the franchisee, cause such work to be done and the franchisee shall pay to the City the cost thereof in the itemized amounts reported by the City Commission to the franchisee within thirty (30) days after receipt of such itemized report. Section 13. - The franchisee shall, concurrently with the filing of an acceptance of a franchise granted pursuant to this ordinance, file with the City Clerk -Auditor and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at franchisee's sole ex- pense, a corporate surety bond in a company and in form approved by the City Attorney in the amount of Ten Thousand and N0/100 Dollars, ($10,000.00), renewable annually, and conditioned upon the faithful performance of the franchisee, and upon the further condition that in the event franchisee shall fail to comply with any one or more of the provisions of this ordinance, or any fran- chise issued to the franchisee hereunder, there shall be recov- erable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnifi- cation or cost of removal or abandonment of any property of the franchisee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; said condition to be a continuing obliga- tion for the duration of such franchise and any renewal thereof and thereafter until the franchisee has liquidated all of its ob- -19- ligations with the City that may have arisen from the acceptance of said franchise or renewal by the franchisee or from its exer- cise of any privilege therein granted. The bond shall provide that thirty (30) days' prior written notice of intention not to renew, cancellation or material change, be given to the City. (a) Neither the provisions of this section, nor any bond accepted by the City pursuant hereto, nor any damages re- covered by the City thereunder, shall be construed to excuse faithful performance by the franchisee or limit the liability of the franchisee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. Section 14. - The franchisee shall, concurrently with the filing of an acceptance of award of a franchise hereunder, furnish to the City and file with the City Clerk -Auditor and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy in a company approved by the City Manager and in a form satisfactory to the City Attorney, protecting the City and all of its officers, board, commission, agents, employees and appointees against liability for loss or damage for personal injury, death, and property damage, occasioned by the operations of franchisee under such franchise, with mini- mum liability limits of Five Hundred Thousand and No/100 Dollars, ($500,000.00), for personal injury or death of any one person and one Million and No/100 Dollars, ($1,000,000.00), for personal in- jury or death of two or more persons in any one occurrence, and Five Hundred Thousand and No/100 Dollars, ($500,000.00) for damage to property resulting from any one occurrence. -20- (a) The policies mentioned in the foregoing paragraph shall name the City, its officers, boards, commission, agents, employees and appointees as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City ten (10) days in advance of the effective date thereof; if such insur- ance is provided by a policy which also covers the franchisee or any other entity or person other than those above named, then such policy shall contain an endorsement concerning cross lia- bility, which endorsement shall be subject to approval by the City Attorney. Section 15. - The franchisee shall at all times: (a) Permit any duly authorized representative of the City to examine all property of the franchisee, together with any appurtenant property of the franchisee situated within or with- out the City, and to examine and transcribe any and all maps and other records kept or maintained by the franchisee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request if such maps or records are not made available in the City, and if the City Commission determines that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid in advance by the franchisee. (b) Prepare and furnish to the City Commission, or its designee, at the times and in the form prescribed by the said City -21- Commission, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appro- priate to the performance of any of the rights, functions, or duties of the City or any of its officers in connection with the franchise. (c) Make and keep in the City full and complete plans and records showing the exact location of all C A T V system equip- ment installed or in use in streets and other public places in the City. (d) File with the City Commission, or its designee, on or before the last day in July of each year, a current map or set — of maps drawn to scale, showing all C A T V system equipment in- stalled and in place in streets and other public places of the City. Section 16. - The C A T V system shall be,installed and main- tained in accordance with the highest and best accepted standards and specifications of the industry to the effect that subscribers shall receive the highest and best possible service. In deter- mining the satisfactory extent of such standards and specifications, the following, among others, shall be considered: (a) That the system be installed using all band equip- ment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for distribution to subscribers on the VHF band. (b) That the system, as installed, be capable of passing standard color television signals without the introduc- -22- tion of material degradation on color fidelity and intelligence. (c) That the system and all equipment be designed and rated for 24-hour per day continuous operation. (d) That the system provides a nominal signal level ov 2,000 microvolts at the input terminals of each television receiver. (e) That the system signal-to-noise ratio is not less than 40 decibels. (f) That hum modulation of the picture signal is less than five per cent (5%) . (g) That the system use components having a VSWR of 1.4 or less. (h) That service on 24 channels (channel.2 through channel 25, inclusive) shall be provided as soon as each channel becomes available. (i) That three of the said 24 channels shall be local educational television channels used exclusively for closed cir- cuit instructional service by schools in the cable area. (j) That one of the said 24 channels will be a 24-hour channel available for local and civic and municipal news and tourist information. (k) That one of the said 24 channels will be a finan- cial information channel. -23- (1) That one of the said 24 channels will be a 24-hour instant news channel. (m) That one of the said 24 channels will be a 24-hour weather information channel. (n) The franchisee shall provide one service outlet at any or all of the following locations at the request of the City Commission, without any initial installation charge or month- ly service charge to the City, to wit: City, Hall, police station, fire station, public library and all public schools. (o) The television pictures provided to subscribers shall be essentially of the same quality as the television pictures received at the franchisee's antenna site. (p) The company agrees to comply with all of the re- quirements of the Federal Communication Commission and to notify the said Federal Communication Commission of the passage and adop- tion of this ordinance. Section 17. - The franchisee shall be obligated to: (a) File all documents, instruments and other papers required to be filed hereunder, with the City Clerk -Auditor, un- less otherwise prescribed herein. (b) Reimburse the City for all publication expenses and all other reasonably necessary expenses incurred by it in connection with the granting of a franchise pursuant to the pro- visions of this ordinance. Such payment shall be made within thirty (30) days after the City furnishes the franchisee with a -24- written statement of such expenses. (c) Maintain an office within the City limits or at a location which subscribers may call without incurring added message or toll charges so that C A T V maintenance service shall be promptly available to the subscribers. (d) Furnish every person, firm or corporation in the existing service area of the franchisee with C A T V service; provided, however, that the franchisee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge. Section 18. - When any portion of the C A T V system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facili- ties shall be filed with the City Clerk -Auditor. Section 19. - The franchisee shall have the right to charge subscribers for the service provided by the C A T V system accord- ing to the schedule attached hereto and the franchisee shall not increase said rates and charges at any time during the term of the franchisee without having received prior approval of the City Commission. Section 20. - No franchise granted pursuant to the provi- sions of this ordinance shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all acts required by this section, Section 13. and Section 14. hereof, are completed, all of such things being hereby declared to be conditions precedent to the effectiveness -25- of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the City Commission may declare the franchise null and void. (a) Within thirty (30) days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the City Commission, in its discretion, may authorize, the franchisee shall file with the City Clerk -Auditor written acceptance of the franchise in a form satisfactory to the City Attorney, together with the bond and insurance policies required by Sections 13. and 14. hereof, respectively, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this ordinance and the franchise. Such acceptance and agreement shall be acknowledged by the franchisee before a notary public, and shall be satisfac- tory to and approved by the City Attorney as to form and content. Section 21. - From and after the effective date of this ordinance, it shall be an unlawful act for any person, firm or corporation to: (a) Establish, operate or carry on the business of distributing to any persons in this City any television signals or radio signals by means of a C A T V system unless a franchise therefor has first been obtained pursuant to the provisions of this ordinance, and unless such franchise is in full force and effect. (b) To construct, install or maintain within any pub- lic street in the City, or within any other public property of -26- the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a C A T V system, unless a franchise authorizing such use of such street or pro- perty or area has first been obtained and unless such franchise is in full force and effect. (c) To make any unauthorized connection, whether phys- ically, electrically, acoustically, inductively or otherwise, with any part of a franchised C A T V system within this City for the purpose of taking or receiving television signals, radio sig- nals, pictures, programs or sound. (d) To make any unauthorized connection, whether phys- ically, electrically, acoustically, inductively or otherwise, with any part of a franchised C AT V system within this City for the purpose of enabling himself or others to receive any televi- sion signal, radio signal, picture program or sound, without pay- ment to the owner of said system. Section 22. - If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jur- isdiction, such decision shall not affect the validity of the remaining portions hereof. The City Commission hereby declares that it would have passed this ordinance and each section, subsec- tion, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses -27- or phrases is declared illegal, invalid or unconstitutional. The invalidity of any portion of this ordinance shall not abate, re- duce or otherwise affect any consideration or other obligation re- quired of the franchisee of any franchise granted hereunder. Section 23. - That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 24. - That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the ,�,7zd day of 1969, by a vote of ` f the City Commission. PASSED and ADOPTED on Second Reading on the 1p Z&ay of 1969, by a vote of the City Commission. PASSED and ADOPTED on Third Reading on the_t day of L '/'i/ , 1969, by vote of the City Commission. Attest: Ci y Clerk -Auditor INL /&► 6.I"w Mayor -Commissioner J INITIAL SCHEDULE OF CHARGES Residential First Outlet Installation Charge $9.95* Monthly Service Charge $4.95 Additional Outlets (each) Installation Charge $5.00* Monthly Service Charge $1.00 Commercial (Hotels, Motels, Bulk Billing Apartment, all Businesses) Installation Charge Time & Material Cost* Monthly Service - First Outlet $4.95 Additional Outlets (regardless of number) $1.00 Miscellaneous Charges Reconnect Charge (wiring in place) Relocate Outlet Moving Charge (new Moving Charge (new location wired) location not wired) $5.00 $5.00 $5.00 $9.95 will make no additional charge for connecting homes in its service area even if additional cable construction is required. * There will be a refundable deposit charge of $19.95 for each cable TV converter that is re- quired. All deposits for the converters shall be placed in a special trust account and shall be paid interest at the prevailing rate being paid by that bank in which said trust account is placed. The trust account funds shall not be used in any manner by the franchisee. Inter- est shall be paid on an annual basis after the Deposits have been in effect for one year. (a) The above fees on Residential and Commer- cial rates allow a lead-in of 100 feet from the distribution system to customer dwell- ing. (b) For the purpose of this ordinance, cooper- ative apartments, duplex apartments, or other multi -family units normally occupied on a permanent basis shall be considered as a -1- Exhibit "A" single family dwelling. (c) For the purpose of this ordinance, it should be noted that multi -family or apartment type dwellings are wired for service under separ- ate negotiated contract and that the $9.95 installation fee is to bring only one ser- vice to the premises. (d) The rates, conditions, specifications and agreements above described and listed shall remain in full force and effect during the term of this franchise; said rates cannot be increased or decreased except by a major- ity vote of the City Commission, and then only after application is made by the fran- chisee and after a public hearing is conduct- ed by the City Commission. (e) In all cases rates charged to the customer shall be exclusive of Federal, State and City taxes. -2-